In order to conserve and promote the public health, safety,
convenience and general welfare, there is hereby adopted and established
the Official Map of the Village of Winneconne, Wisconsin, which consists
of two sheets and is made a part of this chapter by reference:
A.
Sheet 1 of 2 (Street Development Plan), for the area within the Village
limits and adjacent thereto.
B.
Sheet 2 of 2 (Street Extension Plan), for the area outside the Village
limits over which the Village has extraterritorial jurisdiction, in
accordance with § 62.23(6) of the Wis. Stats.
C.
It is the further purpose of the Official Map to show the width and
location of the streets, highways, and parkways in order to promote
the efficient and economical development of the Village of Winneconne.
D.
Immediately upon adoption of this chapter, the Village Clerk-Treasurer
shall file with the Register of Deeds of Winnebago County a certificate
showing that the Village of Winneconne has established the Official
Map as described herein, and shall do likewise as to any changes or
additions.
E.
The Village Plan Commission, when passing upon a land subdivision
plat referred to it by the Village Board, shall not recommend such
plat for approval unless it conforms with the Official Map.
F.
For the purpose of preserving the integrity of the Official Map,
no permit shall hereafter be issued for any building in the bed of
any street, highway or parkway shown or laid out in such map except
as provided in § 62.23(1)(d) and (g) of the Wisconsin Statutes.
(1)
The proper official authorized by the Village Board to issue building
permits shall require each applicant to submit a plot plan, drawn
to scale, for approval.
(2)
Such plot plan shall show accurately the location of any proposed
building with reference to any streets as shown on the Official Map.
G.
The Village Board, whenever and as often as it may deem it for the
public interest, may change or add to the Official Map of the Village
in conformity with the provisions contained in § 62.23(1)(d)
of the Wisconsin Statutes.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
There is hereby established a uniform system of numbering houses and buildings fronting on all streets, avenues and public ways in the Village of Winneconne, and all houses and buildings shall be numbered in accordance with the provisions of Chapter 252 of this Code.
Zoning district boundaries are hereby established as shown on
the "Village of Winneconne, Wisconsin, Zoning Map."
A.
Such map, together with a copy of this chapter, shall be available
for public inspection in the Office of the Village Clerk-Treasurer,
having been certified by the Village President and attested by the
Village Clerk-Treasurer.
B.
Any change in district boundaries or zoning distinctions shall be
recorded on the map.
C.
No change shall be effective until so recorded.
D.
From time to time, a comprehensive and up-to-date map shall be duly
certified, attested, and placed on file at the Village Hall for reference.
District boundaries are either streets or alleys, unless otherwise
shown or designated on the Zoning Map, and are interpolated to imply
the center line of the respective street or alley.
A.
Where the district boundaries are not otherwise indicated and where
the property has been or may hereafter be divided into blocks and
lots, the district boundaries shall be construed to be lot lines and
where the designations on the Zoning Map are approximately bounded
by lot lines, said lot line shall be construed to be the boundary
of the district.
B.
In unsubdivided property, the district boundary lines shown on the
Zoning Map shall be determined by use of the scale shown on such map.
C.
For other districts (floodplain, wetland, etc.), see the respective
zoning code which applies.
The following zoning districts are hereby established for the
Village of Winneconne:
A.
R-1A and R-1B Single-Family Residential Districts.
(1)
Purpose. To protect the integrity of the residential areas by prohibiting
incursion of incompatible nonresidential uses. To maintain compact
residential development around the existing urban-residential areas.
To locate one-family residences only.
(2)
Permitted uses and structures. Single-family dwellings, their accessory
structures or uses, and residential swimming pools.
[Amended 3-16-2021]
(3)
Conditional uses and structures. Parks, greenways and open spaces,
playgrounds, public and private schools, cemeteries, crematories,
mausoleums and columbaria, governmental and community service buildings
and functions, utility lines, pumping stations, golf courses, churches,
libraries, single-family planned residential development, home occupations,
small group homes, agricultural uses, and bed-and-breakfast establishments
(wherein one off-street parking space is provided per room rented
and, as a condition of the conditional use permit, all establishments
shall be subject to and comply with Chapter ATCP 73, Wisconsin Administrative
Code, relating to bed-and-breakfast establishments).
[Amended 3-16-2021]
(4)
An accessory structure may be built on a vacant residential lot of
record, provided the applicant requesting to build said structure
owns a residential lot — with single-family residence —
that directly abuts the vacant lot containing the accessory structure.
B.
R-2 Single-Family, Two-Family Residential District.
(1)
Purpose. To protect the integrity of the residential areas by prohibiting
incursion of incompatible nonresidential uses. To maintain compact
residential development around the existing urban-residential areas.
To locate one- and two-family residences only.
(2)
Permitted uses and structures. Single-family and two-family dwellings,
their accessory structures or uses, and residential swimming pools.
The zoning regulations for R1-B zoning districts shall be applied
to single-family dwellings.
[Amended 3-16-2021]
(3)
Conditional uses and structures. Parks, greenways and open spaces,
playgrounds, public and private schools, hospitals, cemeteries, crematories,
mausoleums, columbaria, governmental and community service buildings
and functions, utility lines, pumping stations, golf courses, churches,
libraries, single-family and two-family planned residential development,
home occupations, small group homes, agricultural uses, and bed-and-breakfast
establishments (wherein one off-street parking space is provided per
room rented and, as a condition of the conditional use permit, all
establishments shall be subject to and comply with Chapter ATCP 73,
relating to bed-and-breakfast establishments).
[Amended 3-16-2021]
C.
R-3 Multifamily Residential District.
(1)
Purpose. To protect the integrity of the residential areas by prohibiting
incursion of incompatible nonresidential uses. To maintain compact
residential development around the existing urban-residential areas.
To locate residences of three or more families.
(2)
Permitted uses. Single-family residential uses and residential swimming
pools, provided they conform to the regulations applicable to R1-B
zoning districts; multifamily uses provided they conform to the regulations
below.
[Amended 3-16-2021]
(3)
Conditional uses and structures. Parks, greenways and open spaces,
playgrounds, public and private schools, medical and dental clinics,
cemeteries, crematories, mausoleums, columbaria, nursing homes, governmental
and community service buildings and functions, utility lines, pumping
stations, golf courses, churches, libraries, single-family planned
residential development, home occupations, agricultural uses, large
group homes, nursery schools, day-care, and multifamily planned residential
development, and bed-and-breakfast establishments (wherein one off-street
parking space is provided per room rented and, as a condition of the
conditional use permit, all establishments shall be subject to and
comply with Chapter ATCP 73, Wisconsin Administrative Code, relating
to bed-and-breakfast establishments).
[Amended 3-16-2021]
(4)
Other requirements.
(a)
That the floor area ratio, defined as the maximum square footage
of total floor area permitted for each foot of land area, is not more
than 0.45.
(b)
That the living ratio defined as the minimum square footage
of nonvehicular outdoor space required for each square foot of floor
area is not less than 1.2.
D.
B-1 General Commercial District.
[Amended 7-19-2016]
(1)
Purpose. This district is intended to permit both large- and small-scale,
pedestrian-oriented "downtown" commercial development at an intensity
which provides significant incentives for infill development, redevelopment,
and the continued economic viability of existing development.
(2)
Permitted uses and structures:
(a)
Retail sales establishments.
(b)
Financial institutions.
(c)
Personal or business service establishments.
(d)
Commercial and professional offices.
(e)
Restaurants.
(f)
Cafes.
(g)
Taverns.
(h)
Bars.
(i)
Government offices.
(j)
Post offices.
(k)
Libraries.
(l)
Historic buildings.
(m)
Clinics.
(n)
Parks.
(o)
Recreational areas when publicly owned and operated.
(p)
Parking lots.
(q)
Grocery stores.
(r)
Indoor storage only if an integral part and accessory to a permitted
use.
(s)
Residential apartment as an accessory use in conjunction with
any other permitted use; provided that the residential apartment is
located above the street level primary commercial use.
(3)
Conditional uses:
(a)
Wholesale outlets.
(b)
Animal hospitals.
(c)
Automobile services.
(d)
Secondhand stores.
(e)
Professional laundry and dry-cleaning establishments.
(f)
Gas stations.
(g)
Theater.
(h)
Automobile sales and service.
(i)
Motels or hotels.
(j)
Outside storage as an accessory use in conjunction with another
permitted use.
(k)
Small machine shops.
(l)
Amusement centers.
(m)
Other uses similar to or customarily incidental to any of the
above uses.
(4)
Lot size: minimum 1,500 square feet.
(5)
Building height: four stories or 45 feet maximum.
(6)
Yards: no minimum setback.
E.
B-2 Highway Commercial District.
[Amended 7-19-2016]
(1)
Purpose. The Highway Commercial District is established to provide
for low-density business and limited wholesale and other compatible
noncommercial uses.
(2)
Permitted uses and structures:
(a)
Any use permitted in the B-1 General Commercial District.
(b)
Big box retail establishments.
(c)
Automobile sales and service.
(d)
Implement sales and service.
(e)
Drive-in establishments serving food and beverages for consumption
on premises.
(f)
Hotels or motels.
(g)
Nursing home facilities.
(h)
Bowling alleys.
(i)
Restaurants.
(j)
Night clubs.
(k)
Parks.
(l)
Greenways and open spaces.
(m)
Indoor storage only if an integral part and accessory to a permitted
use.
(3)
Conditional uses and structures.
(a)
Drive-in theaters.
(b)
Gas stations.
(c)
Trans-shipment depots.
(d)
Trucking terminals.
(e)
Animal hospitals or boarding establishments.
(f)
Golf driving ranges and amusement centers.
(g)
Dance halls.
(h)
Hospital.
(i)
Other uses similar to or customarily incidental to any of the
above uses and the extensive commercial uses requiring large land
areas.
(5)
Building height: 35 feet maximum.
F.
B-3 Convenience Commercial District.
[Amended 7-19-2016]
(1)
Purpose. The Convenience Commercial District is established to accommodate
high-traffic-dependent businesses. The Convenience Commercial District's
primary objective is to allow an area for businesses which will capture
flow-through/convenience buyers rather than providing major purchase
items.
(2)
Permitted uses and structures:
(a)
Any use permitted in the B-1 General Commercial District.
(b)
Convenience stores.
(c)
Laundromats.
(d)
Automobile and equipment sales and service establishments.
(e)
Drive-in establishments serving food and beverages for consumption
on premises.
(f)
Theatres.
(g)
Hotels or motels.
(h)
Car wash.
(i)
Packaged beverage stores.
(j)
Indoor storage only if an integral part and accessory to a permitted
use.
(3)
Conditional uses and structures:
(a)
Other uses similar or customarily incidental to any of the above
uses.
(4)
Lot size: No minimum.
(5)
Building height: 35 feet maximum.
G.
I General Industrial District.
[Amended 4-19-2016]
(1)
Purpose and intent. The General Industrial District is intended to
provide space for industrial-, manufacturing- and technology-based
uses at appropriate locations within the Village.
(2)
Permitted uses and structures. The following are permitted uses:
(a)
Manufacturing, assembly, fabricating, compounding, processing or packaging of goods, materials and products, except for those uses listed in Subsection G(3) below.
(b)
Research, development and testing laboratories and facilities.
(c)
Wholesaling and distribution activities.
(d)
Commercial bakeries.
(e)
Commercial greenhouses.
(f)
Office operations only if they are an integral part of an accessory
to a permitted use.
(g)
Indoor storage only if they are an integral part of an accessory
to a permitted use.
(h)
Manufacture and bottling of nonalcoholic beverages.
(i)
Retail sale of products manufactured on site and clearly an
accessory use to the primary use of the site.
(j)
Packing, packaging and assembly of products from furs, glass,
leather, metals, paper, plaster, plastics, textiles, and wood.
(k)
Breweries.
(l)
Computer programming and other software and telecommunication
services.
(m)
Business incubator facilities.
(n)
Agriculture for the primary purpose of preventing expansion
of or reclaiming wetlands.
[Amended 12-17-2019]
(o)
Greenways and open spaces for the primary purpose of stormwater
management or employee recreation.
[Amended 12-17-2019]
(p)
Parking of personal vehicles of business owners, employees,
and clients of permitted businesses; and commercial vehicles owned
or contracted by a permitted business in direct support of on-site
industrial, manufacturing, or technology-based activity.
[Amended 12-17-2019]
(3)
Exceptions from permitted uses in Subsection G(2):
(a)
Uses which would cause a nuisance.
(b)
Outdoor storage yards as a primary use.
(c)
Mini-warehouse or similar storage facilities for nonbusiness
use.
(d)
Gasoline, oil or other fuel production or distribution operations.
(e)
Ammunition ordinance or explosive production, distribution or
storage operations.
(f)
Insecticide or pesticide production, distribution or storage
except for rodent or insect control on site.
(g)
Asphalt plants; glue or acid manufacture or distribution operations.
(h)
Cement, lime or gypsum or related manufacturing operations.
(i)
Junkyards or salvage yards.
(4)
Conditional uses and structures. The Village Industrial Development
Committee and Plan Commission may grant a conditional use permit with
or without conditions only if the following findings are made:
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(a)
The proposed use will not have a negative impact on existing
or potential permitted uses within the district with particular consideration
given to impacts on abutting property; and
(b)
The proposed use will significantly contribute to the strength,
stability and diversity of the Winneconne economy through retention
of existing jobs, creation of new jobs and/or generation of related
"spin-off" development within the community.
H.
C-1 Conservancy District.
(1)
Purpose. The Conservancy District should discourage development and
disturbances to the natural setting in areas with unique features.
C-1 areas will provide protected areas to ensure property, water conservation
and flood control. Primary consideration will be given to outdoor
recreation and forestry pursuits while also providing areas where
native flora and fauna may prosper in a natural habitat.
(2)
Permitted uses and structures. The harvesting of wild crops such
as marsh, hay, ferns, moss, wild rice, berries, tree fruits, tree
seeds, sustained yield forestry; utilities such as, but not restricted
to, telephone, telegraph and power transmission lines; fishing, scenic,
historic, scientific, wildlife preserve; nonresident buildings used
solely in conjunction with the raising of water fowl or fish; hiking
trails and bridle paths, accessory uses; public and private parks
and picnic areas, greenways and open spaces; recreation-related structures
not requiring basements; regulatory signs not over six square feet;
and general farming, provided no drainage, filling or dredging takes
place and no farm buildings are constructed.
(3)
Conditional uses. Filling, drainage, dredging, golf driving ranges, farm structures, single-family residences, dams, power plants, flowages, ponds, relocation of watercourses, removal of topsoil or peat, piers, docks, boat houses, campgrounds, mobile home parks, trailer parks, home occupations. All conditional uses are subject to the provisions of Article IV of this chapter.
I.
P-1 Park District.
(1)
Purpose. Intended to provide for parks, recreational and other outdoor
areas. All new parks or other similar outdoor areas shall be approved
by the Park Committee and the Village Board prior to their creation.
(2)
Permitted uses and structures. Public swimming facilities, archery
(within designated areas), playgrounds, fishing, wildlife preserves,
hiking trails, bridle paths, picnic areas, skateboard facilities (within
designated areas), greenways and open spaces, ball fields and uses
typically associated with public parks.
(3)
Conditional uses. Filling, drainage, dredging, flowages, ponds, relocation
of watercourses, removal of topsoil or peat, orchards, piers, docks,
boathouses, boat launches, recreational structures, pavilions, campgrounds,
trailer parks, parking lots.
K.
Institutional District.
[Added 11-15-2016]
(1)
Permitted uses and structures. Permitted uses shall be public or
private schools, colleges and universities; churches; hospitals; nursing
homes; libraries; museums; medical clinics; and public parks and recreational
facilities.
(2)
Permitted accessory uses and structures shall be garages for storage
of vehicles used in conjunction with the operation of a permitted
use; off-street parking and loading areas; service/storage buildings
and facilities normally accessory to the permitted uses; and recreational
facilities normally accessory to the permitted uses.
(3)
Conditional uses. Conditional uses shall be community-based residential
facilities; residential care apartment complexes; and other unspecified
uses which are found to be similar in character to the permitted and
conditional uses set forth herein.
(6)
Building. Building height of a principal or accessory structure or
part of a principal or accessory structure shall not exceed 35 feet
in height, unless the structure or part of a structure is an auditorium,
athletic facility, or performance center, in which case the height
of that structure or part of a structure only shall not exceed 70
feet in height.
L.
GWP Groundwater
Protection Overlay District.
[Added 6-21-2022]
(1)
Purpose. The residents of the Village of Winneconne depend exclusively
on groundwater for a safe drinking water supply. Certain land use
practices and activities can seriously threaten or degrade groundwater
quality. The purpose of this subsection is to establish a Groundwater
Protection Overlay District to institute land use regulations and
restrictions within a defined area which contributes water directly
to the municipal water supply providing protection for the aquifer
and municipal water supply of the Village of Winneconne and promoting
the public health, safety and general welfare of Village residents.
(2)
Authority. Statutory authority of the Village to enact these regulations
was established by the Wisconsin Legislature in 1983, Wisconsin Act
410 (effective May 11, 1984), which specifically added groundwater
protection, in § 59.97(1) [which has since been renumbered
as § 59.69(1)] and § 62.23(7)(c), Wis. Stats.,
to the statutory authorization for county and municipal planning and
zoning to protect the public health, safety and welfare. In addition,
under § 61.35, Wis. Stats., the Village has the authority
to enact this subsection, effective in the incorporated areas of the
Village, to encourage the protection of groundwater resources.
(3)
Application. The regulations specified in this Wellhead Protection
Ordinance shall apply within the area surrounding each municipal water
supply well that has been designated as a "wellhead protection area"
by the Village in the most recent and up-to-date wellhead protection
plan, and are in addition to the requirements in the underlying zoning
district, if any. If there is a conflict between this chapter and
the Zoning Ordinance, the more restrictive provision shall apply.
(4)
Groundwater Protection Overlay District. The location and boundaries
of the zoning districts established by this chapter are set forth
in the Village of Winneconne's most recent and up-to-date wellhead
protection plan on the map titled "Wellhead Protection Area" (on file
in the Village of Winneconne office) incorporated herein and hereby
made a part of this Subsection. Said figures, together with everything
shown thereon and all amendments thereto, shall be as much a part
of this chapter as though fully set forth and described herein. This
Subsection thus promotes public health, safety, and welfare. The Groundwater
Protection Overlay District is intended to protect the groundwater
recharge area for the water supply from contamination.
(a)
Note: Wellhead protection areas are derived from hydrologic
studies and are based on the area surrounding a well where groundwater
takes five years or less to travel from the land surface to the pumping
well.
(5)
Permitted uses and structures. The following uses are permitted in the Groundwater Protection Overlay District subject to the separation distances in Subsection L(8), Separation distances.
(a)
Parks, playgrounds or wildlife areas, provided there are no
on-site waste disposal or fuel storage tank facilities associated
with this use.
(b)
Nonmotorized trails, such as bike, skiing, nature and fitness
trails.
(c)
Residential, commercial and industrial establishments that are municipally sewered and whose use, aggregate of hazardous chemicals in use, storage, handling and/or production may not exceed 20 gallons or 160 pounds at any time, with the exception for those uses listed as "conditional" or "prohibited" in Subsection L(6) or (7). [Hazardous chemicals are identified by OSHA under 29 CFR 1910.1200(c) and by OSHA under 40 CFR Part 370.]
(d)
Routine tillage, planting, and field management operations in
support of agricultural crop production, where nutrients from legume,
manure, and commercial sources are accounted for and credited toward
crop nutrient need. The combination of all nutrient sources applied
or available on individual fields may not exceed University of Wisconsin
soil test recommendations for that field.
(6)
Conditional uses. The following uses may be conditionally permitted under Article IV, Conditional Uses and Exceptions, in the Groundwater Protection Overlay District subject to the separation distances found below in Subsection L(8), Separation distances.
(a)
Hydrocarbon, petroleum or hazardous chemical storage tanks.
(b)
Motor vehicle services, including filling and service stations,
repair, renovation and body work.
(c)
Residential, commercial and industrial establishments that are
municipally sewered and whose use, aggregate of hazardous chemicals
in use, storage, handling and/or production exceeds 20 gallons or
160 pounds at any time.
(d)
Stormwater infiltration basins.
(e)
Geothermal wells, also known as ground source heat pump, along
with any associated piping and/or ground loop component installations.
(7)
Prohibited uses. The following uses are prohibited in the Groundwater
Protection Overlay District.
(a)
Animal waste storage areas and facilities.
(b)
Application of fertilizer to manicured lawns or grasses in excess
of the nutrient requirements of the grass.
(c)
Asphalt product manufacturing plants.
(d)
Dry-cleaning establishments.
(e)
Fertilizer manufacturing or storage facilities.
(f)
Foundries and forge plants.
(g)
Hazardous chemical processing or manufacturing facilities.
(h)
Industrial liquid waste storage areas.
(i)
Landfills or other areas for dumping, disposal or transferring
of garbage, refuse, recycling, trash, or demolition material, including
auto salvage operations.
(j)
Metal reduction or refinement facilities.
(k)
Mining operations, including metallic, gravel pits, industrial
or frac-sand mining.
(l)
Motor freight terminals.
(m)
Petroleum or hazardous chemical storage greater than 110 gallons
in any single-wall petroleum storage tank. (Double-wall storage tank
installations shall meet the requirements of § ATCP 93.260,
Wis. Adm. Code, and receive written approval from the Department of
Safety and Professional Services or its designated Local Program Operator
under § ATCP 93.110, Wis. Adm. Code.
(n)
Road salt or deicing materials storage areas.
(8)
Separation distances. The following separation distances as specified
in § NR 811.12(5), Wis. Adm. Code, shall be maintained within
the Groundwater Protection Overlay District.
(a)
Ten feet between a well and an emergency or standby power system
that is operated by the same facility which operates the well and
that has a double-wall aboveground storage tank with continuous electronic
interstitial leakage monitoring. These facilities shall meet the installation
requirements of § ATCP 93.260, Wis. Adm. Code, and receive
written approval from the Department of Safety and Professional Services
or its designated Local Program Operator under § ATCP 93.110,
Wis. Adm. Code.
(b)
Fifty feet between a well and a storm sewer main or a sanitary
sewer main where the sanitary sewer main is constructed of water main
class materials and joints. Gravity sanitary sewers shall be successfully
air pressure tested in place. The air pressure test shall meet or
exceed the requirements of the four psi low-pressure air test for
plastic gravity sewer lines found in the latest edition of Standard
Specifications for Sewer and Water Construction in Wisconsin. Force
mains shall be successfully pressure tested with water to meet the
AWWA C600 pressure and leakage testing requirements for one hour at
125% of the pump shutoff head.
(c)
Two hundred feet between a well field and any sanitary sewer
main not constructed of water main class materials, sanitary sewer
manhole, lift station, one- or two-family residential heating fuel
oil underground storage tank or aboveground storage tank or private
on-site wastewater treatment system (POWTS) treatment tank or holding
tank component and associated piping.
(d)
Three hundred feet between a well field and any farm underground
storage tank system or other underground storage tank system with
double wall and with electronic interstitial monitoring for the system,
which means the tank and any piping connected to it. These installations
shall meet the most restrictive installation requirements of § ATCP
93.260, Wis. Adm. Code, and receive written approval from the Department
of Safety and Professional Services or its designated Local Program
Operator under § ATCP 93.110, Wis. Adm. Code. These requirements
apply to tanks containing gasoline, diesel, bio-diesel, ethanol, other
alternative fuel, fuel oil, petroleum product, motor fuel, burner
fuel, lubricant, waste oil, or hazardous substances.
(e)
Three hundred feet between a well field and any farm aboveground
storage tank with double-wall or single-wall tank with other secondary
containment and under a canopy; other aboveground storage tank system
with double-wall or single-wall tank with secondary containment and
under a canopy and with electronic interstitial monitoring for a double-wall
tank or electronic leakage monitoring for a single-wall tank secondary
containment structure. These installations shall meet the most restrictive
installation requirements of § ATCP 93.260, Wis. Adm. Code,
and receive written approval from the Department of Commerce or its
designated Local Program Operator under § ATCP 93.110, Wis.
Adm. Code. These requirements apply to tanks containing gasoline,
diesel, bio-diesel, ethanol, other alternative fuel, fuel oil, petroleum
product, motor fuel, burner fuel, lubricant, waste oil, or hazardous
substances.
(f)
Four hundred feet between a well field and a POWTS dispersal
component with a design capacity of less than 12,000 gallons per day,
a cemetery or a stormwater retention or detention pond.
(g)
Six hundred feet between a well field and any farm underground
storage tank system or other underground storage tank system with
double wall and with electronic interstitial monitoring for the system,
which means the tank and any piping connected to it; any farm aboveground
storage tank with double-wall or single-wall tank with other secondary
containment and under a canopy or other aboveground storage tank system
with double-wall or single-wall tank with secondary containment and
under a canopy; and with electronic interstitial monitoring for a
double-wall tank or electronic leakage monitoring for a single-wall
tank secondary containment structure. These installations shall meet
the standard double-wall tank or single-wall tank secondary containment
installation requirements of § ATCP 93.260, Wis. Adm. Code,
and receive written approval from the Department of Safety and Professional
Services or its designated Local Program Operator under § ATCP
93.110, Wis. Adm. Code. These requirements apply to tanks containing
gasoline, diesel, bio-diesel, ethanol, other alternative fuel, fuel
oil, petroleum product, motor fuel, burner fuel, lubricant, waste
oil, or hazardous substances.
(h)
One thousand feet between a well field and land application
of municipal, commercial, or industrial waste; the boundaries of a
land-spreading facility for spreading of petroleum-contaminated soil
regulated under state administrative regulations while that facility
is in operation; agricultural, industrial, commercial or municipal
wastewater treatment plant treatment units, lagoons, or storage structures;
manure stacks or storage structures; or POWTS dispersal component
with a design capacity of 12,000 gallons per day or more.
(i)
Twelve hundred feet between a well field and any solid waste
storage, transportation, transfer, incineration, air curtain destructor,
processing, wood burning, one-time disposal or small demolition facility;
sanitary landfill; any property with residual groundwater contamination
that exceeds Ch. NR 140, Wis. Adm. Code, enforcement standards; coal
storage area; salt or deicing material storage area; any single-wall
farm underground storage tank or single-wall farm aboveground storage
tank or other single-wall underground storage tank or aboveground
storage tank that has or has not received written approval from the
Department of Safety and Professional Services or its designated Local
Program Operator under § ATCP 93.110, Wis. Adm. Code, for
a single-wall tank installation. These requirements apply to tanks
containing gasoline, diesel, bio-diesel, ethanol, other alternative
fuel, fuel oil, petroleum product, motor fuel, burner fuel, lubricant,
waste oil, or hazardous substances; and bulk pesticide or fertilizer
handling or storage facilities.
(9)
Existing nonconforming uses. In accordance with Article V Nonconforming Uses, Structures and Lots, the lawful nonconforming use of a structure or land existing at the time of the adoption or amendment of this chapter may be continued although the use does not conform with the provisions of this chapter. However, only that portion of the land in actual use may be so continued and the structure may not be extended, enlarged, reconstructed, substituted, moved, or structurally altered except when required to do so by law or order or so as to comply with the provisions of this chapter.
The area described on the Official Map is hereby zoned to continue
the existing zoning and uses under the Town of Winneconne Zoning Ordinance,
and the Winnebago County Zoning Ordinance applicable to shoreline
properties in effect. Such area shall continue with such existing
zoning and uses while a comprehensive zoning and uses plan is being
prepared and such zoning and uses shall continue for no longer than
two years after enactment, unless extended pursuant to the provisions
of Wisconsin Statutes § 62.23(7a)(b). A copy of said map
is hereby incorporated by reference.
The Village Board, the Village Plan Commission, or any person(s)
owning property within the Village may request rezoning of property.
With the exception of the Village Board and the Plan Commission, applicants
for rezoning shall make application to the Zoning Administrator, on
forms provided by the Village, and pay the filing fee:
A.
Zoning Administrator, upon receipt of the application, shall:
(1)
Refer the matter to the Plan Commission for consideration.
(2)
Schedule a public hearing for deliberation of the matter.
(3)
Convene the Plan Commission at public hearing for receiving public
input and making a recommendation on the matter.
(a)
Notice of the public hearing shall be published twice as a Class
2 Notice in the official newspaper.
(b)
Mailed to all property owners within 300 feet of the property(s)
considered for rezoning.
(c)
The date of the public hearing shall be at least 15 days after
publication of the notice and receipt of same by the surrounding property
owners.
B.
The Plan Commission shall have 60 days following Village receipt
of the re-zoning request to submit its recommendation and report to
the Village Board. Failure to submit a recommendation and report as
herein provided shall result in the matter being referred to the Village
Board without recommendation or report.
C.
Village Board failure to act on said request within 60 days after
receiving the Plan Commission recommendation and report, or 60 days
has elapsed since the Plan Commission recommendation and report were
due but not submitted, said request shall be considered denied.
D.
The fee for submission of a rezoning application shall be established
by the Village Board from time to time and set forth in the current
Village Fee Schedule.[1]
(1)
The fee shall be nonrefundable.
(2)
The filing fee shall be waived if the Village Board or the Plan Commission
formally request rezoning of a specific parcel(s).
[1]
Editor's Note: The Fee Schedule is on file in the Village
office.
Property accepted for annexation by the Village shall be automatically
designated as R-1A Single-Family Residential unless or until official
action is taken to rezone and designate the property as being in an
alternate zoning district.
A.
Prior to official acceptance by the Village of an annexation petition,
the Village may require one or more property owners to submit floodplain
elevation information in sufficient detail as may be necessary to
specifically delineate official flood zones.
